RASABATI BEWA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against the judgment of the Subordinate Judge of Cuttack dated March 12, 1954, dismissing his suit, (M. S. No. 132 of 1952).

(2.) THE plaintiff commenced the aforesaid suit for recovery of Rs. 5986-13-9 pies as damages from the Bengal Nagpur Railway and East Indian Railway Administration on the ground that certain damages to his goods consigned at Kanpur was caused by delay due to negligence and misconduct on the part of the Said railway administrations. Shortly stated, the facts are these : One Sankar Das Kailash Chandra consigned 187 bags of potatoes in a closed wagon from Kanpur Central Railway station under R/R No. 284444, invoice No. 5 dated April 26, 1951, for delivery to the plaintiff at Cuttack Railway Station. According to the plaintiff this consignment was due to arrive at the destination within seven days but actually it arrived after a period of 11 days on account of the gross negligence and misconduct on the part of the defendants. As a result of this un-usual delay the contents had deteriorated, damaged and rendered unfit for human consumption. THE consignment arrived at the Cuttack Railway Station on May 5, 1961 and was delivered to the plaintiff on May 6. THE contents having been damaged the Station-master, Cuttack, gave a certificate to that effect (Ext. 1) on May 7, assessing the damages at 75 per cent. This assessment of course was without prejudice. THE plaintiff accordingly preferred a claim under Sec. 77 of the Indian Railways Act (Act IX of 1890) On June 16, 1951, and also served a notice under Sec. 80 of the Code of Civil Procedure, on November 10. THE claim not having been settled, the plaintiff was constrained to file the present suit (M. S. No. 132/52) claiming only 75 per cent of the total damages in accordance with the damage certificate (Ext. 1).